partition suit & probate

kalyani choudhury (Querist) 10 February 2009 This query is : Resolved
My father died without leaving a will. my elder brother & I - part owners of the property sold our shares to a builder for a consideration. 5 years after my fathers death and after we sold our shares my younger brother produced a will said to have been made by our father willing all his property to my mother the will was dated 15 years prior to his death. He also got a will from my mother willing the entire property to him to the exclusion of all of us. The builder has SPoAs & GPOAs our Will favouring him from me & my brother for the said property. The builder using our POAs filed a partition suit to get our share & our younger brother gave my fathers will for t probate. The cases are pending in court.The builder has included a mutation clause in the Agreement to Sell- that we must get our share mutated in his name withour a time frame. In this case what are our liabilities? Can the builder get back to us ?kalyani

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kalyani choudhury (Querist) 10 February 2009
pls.help.

PALNITKAR V.V. (Expert) 10 February 2009
Unless it is proved that the will is not genuine, you will not succeed. If you have executed POA and GPOA in favour of builder and if he is going to take care of litigation, i think, you need not bother.

Uma parameswaran (Expert) 11 February 2009
Is the property self earned or Ancestral?
If it is Ancestral, Will has not effected your right over the property .Otherwise it will depends upon the genuinity of the Will.

kalyani choudhury (Querist) 14 February 2009
The land was purchased in my father's name using a refugee certificate in my grandfather's name . My father and other uncles were majors at that time. I still do not know if the property is ancestral or self owned under law. pls.enligten.
Can the builder file any suit against us ?
Kalyani

PALNITKAR V.V. (Expert) 20 February 2009
The property seems to be the self acquired property. hence, your father had absolute right to give it through will. The only option is to show that the wills are not genuine.